A British transsexual's quest to be recognised as a woman for pension purposes received a significant boost today when the European Court of First Instance issued an opinion supporting her claim.
Sarah Margaret Richards (63) underwent gender reassignment surgery in May 2001 after being diagnosed with gender dysphoria - a condition whereby a person's physical sex conflicts with their gender-identity.
In February 2002 she applied for a retirement pension to be paid from her 60th birthday, in line with her acquired female gender. But it was turned down by the Department for Work and Pensions on the grounds that Ms Richards was still a male and therefore not entitled to a pension until she was 65.
Under British law, her sex could not be changed on her birth certificate,but the Gender Recognition Act, which came into effect in 2005, provides for the issuing of gender-recognition certificates recognising the acquired sex of transsexuals for most official purposes.
The Advocate General issued an opinion today saying Ms Richard's rights should be compared to women who have not undergone gender reassignment surgery and was therefore a victim of discrimination.
Advocate General Francis Jacobs rejected the Britain's argument that it had a derogation preventing the court from ruling on the determination of pensionable within a member state.
The advocate general's opinion is not binding but is a proposed legal solution to cases before the European Court of Justice. The judges are now beginning their deliberations, and judgment will be given at a later date.
Irish dentist Dr Lydia Foy (50) is challenging a High Court ruling that refused her application to have her sex changed on her birth certificate after she completed sex-change surgery 13 years ago.